Aaron Sandusky Trial Pt. 3: Why He Never Had a Chance

INJUSTICE: The former dispensary operator never had a chance to defend himself or cite California’s MMJ laws

Miscarriage of Justice: Aaron Sandusky, shortly before his conviction, standing on the steps of federal court in Los Angeles. (Photos by Kayleigh Ashworth)

On Friday, Oct. 12 at 7:45 am, Aaron Sandusky quietly stood on the steps of the Los Angeles court building while friends, family and members of the press gathered around him. Under a strict gag order by Judge Percy Anderson, Sandusky was unable to comment on his own future, hours before a jury would decide if he would go to jail for the rest of his life.

Eight months ago Aaron Sandusky owned and operated three medical cannabis cooperatives Upland, Colton and Moreno Valley (plus a grow house in Ontario). His company, “G3 Holistic, Inc.” provided medicine for many Inland Empire patients.

Last June Sandusky, his brother and several other members of his company were arrested and indicted on federal charges related to cannabis including drug-trafficking, conspiracy to manufacture and possession with intent to distribute, right after a high-profile interview with Reason TV.

This has been a common occurrence in the political battle over medical cannabis. If a dispensary operator becomes too much of a social activist or becomes prominent (Berkeley Patients Group, Harborside, et. al.), the federal government makes an example of them.

Inside the court building Sandusky, friends and family waited for the jury’s decision. Many of them felt that Judge Anderson’s gag order had kept Sandusky from properly defending himself in a court of law.

“If you take away what a man says, and then take away what a man writes,” one activist said, “what does he have left to defend himself with?”

Sandusky had often stated (prior to the gag order) that he would not have tried operating a medical cannabis collective if President Obama had not promised that he wouldn’t raid collectives operating legally within state law. Even so, the judge would not permit the jury to hear it.

At one point the jury asked Judge Anderson if half of them couldn’t come to a unanimous decision, would Sandusky be found not guilty. Without any further explanation about the other options, which could include either a mistrial or even the option of jury nullification, the judge bluntly told the jury members, “No.”

Shortly before passing sentence the jury asked if they could once again hear Sandusky’s testimony. Judge Anderson agreed, but would not permit them to hear any part that described Obama’s promise not to raid medical cannabis collectives that were operating within state law.

Another crucial piece of evidence was that apparently before Sandusky was raided he was actually visited by federal agents, who told the business owner that since he was complying with state law he had nothing to fear.

According to Joe Grumbine, a friend of Sandusky and social activist for The Human Solution (www.the-human-solution.org) who was a witness to the trial (and who has faced his own legal issues pertaining to MMJ), the jury was kept in the dark about a lot of things, including the visit by the FBI. “He had a videotape of the FBI agents asking questions and telling him he had nothing to worry about. The jury was never allowed to hear it.”

Sandusky’s defense counsel wanted the jury to hear the entire statement, arguing that it might change their minds before they issued a verdict, but Sandusky’s words were stricken from the official court record.

(Photo by Kayleigh Ashworth)

After the jury listened to the heavily redacted version of Sandusky’s opening statement, they reconvened, obviously confused by what they had just heard. Later on that afternoon they came back with a verdict.

Sandusky was found guilty of possession and distribution of marijuana (or, in legalese, according to the U.S. Attorney’s Office: “one count of conspiracy to manufacture marijuana plants, to possess with intent to distribute marijuana plants, and to maintain a drug-involved premises; and one count of possession with intent to distribute marijuana plants.”). The jury could not decide on the four other charges.

While federal marshals ordered Sandusky’s friends outside, he was allowed to say goodbye to his family and girlfriend before he was taken into custody. His sentencing hearing has been set for Jan. 7, 2013.

Sandusky is currently in federal custody in Alameda. His sentencing hearing is scheduled for January 7, 2013. Sandusky will soon be able to communicate with the outside world. “I’ll be able to email him soon,” Grumbine said. “We’re setting up an address at The Human Solution website so people can write letters to him and send food, money and other items to help him out.”